2021 QCCQ 12974, 2021 QCCQ 12974

Protection de la jeunesse — 217200 2021 QCCQ 12974 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 640-41-000873-064 DATE: October 14, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant And X, born on [...], 2005 Teenager And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits an application asking the Court to review a Court decision rendered on July 12, 2007, ordering the placement of X in a foster family until she reaches the age of majority. [ 2 ] At the hearing, the teenager is represented by Mtre. Yan Massé. Both parents are not really involved in the situation of X since she was placed for a long-term period. The Director requested to proceed in their absence. The youth agrees to proceed.

Her foster family has been notified of the present hearing. [ 3 ] X does not challenge most of the allegations of the application or the recommendations made by the Director of Youth Protection. [ 4 ] She remained in the same foster home, but for quite some time, she has been displaying problematic behaviours such as not respecting the house rules or curfews. [ 5 ] X leaves the house of the foster family at night without telling where she goes. [ 6 ] She uses marijuana on a regular basis. [ 7 ] At some point, the foster parents were overwhelmed with her behaviours. [ 8 ] Two of her adult siblings sexually abused X. [ 9 ] On August 13, immediate protective measures were invoked and X was entrusted to the reception centre. [ 10 ] The revision report is filed in lieu of the testimony of the applicant and an observation report is filed under

section 292 of the Code of civil procedure . [ 11 ] The observation report is very positive. The adolescent does not need structure anymore, but the Director of Youth protection needs time in order to find her a new foster family as her former one has decided not to take her back. [ 12 ] X agrees to remain in the Youth Healing services until a new foster family is found, but not for a period exceeding 3 months. The Director of Youth Protection must take action very rapidly in order to find a foster family and to transfer X as soon as possible.

[ 13 ] The measures recommended are adequate and in the best interest of the teenager.

FOR THESE MOTIVES, THE COURT: [ 14 ] GRANTS the application; [ 15 ] REVIEWS the previous Court judgment; [ 16 ] DECLARES that the security and development of X, born on [...], 2005, are still endangered; [ 17 ] ORDERS the placement of the teenager for a period of 12 months that is to say a maximum period of 3 months in a rehabilitation centre (group home) and the remainder in a foster family; [ 18 ] ORDERS that access rights between X and her parents be supervised by the Director of Youth Protection and that such access rights be established taking into account X’s wishes; [ 19 ] ORDERS that the teenager continue to attend school on a regular basis; [ 20 ] ORDERS the youth to be assessed by the NNADAP worker and follow the recommendations made if any; [ 21 ] ORDERS that professional counselling be available for the teenager and order her to collaborate with the professionals; [ 22 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 23 ] ORDERS that aid, counselling and assistance be provided to X and her family for a period of one year; [ 24 ] PROHIBITS any contact between X and C and D for a one-year period; [ 25 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the teenager Date of hearing: October 14, 2021